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Trial Practice

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Motion #3: Responding to Opposing Party Motions

In contested litigation, there is the regular cut and thrust of motion practice. Many motions are routine and administrative. Others are dispositive. We spend substantial time evaluating the cost/benefits of our motions but little time evaluating proper responses to our adversaries advances. While it is prudent to consider the outcome and consequences of any motions we file, it is counterproductive to ruminate on the consequences of the opposing parties’ motions. Instead of brooding about a possible negative result, get to work!


Motion Practice #4: Oral Argument

Motion practice is the bread and butter of a law practice. The bulk of a courtroom lawyer’s life is spent arguing motions rather than presenting evidence at trial. While motion practice does not have the gravity of a final trial, motions more often influence ultimate outcomes. Many CLE programs emphasize trial skills for practitioners, but they rarely speak to this stepchild of trial advocacy. This article looks to fill that gap and provide insights into effective motion practice for family lawyers.

About the author


Steven N.Peskind

Principal Attorney

To be successful, a lawyer must have insight into the whole human catastrophe and be able to effectively traverse the legal system. It is the intersection of these two disciplines that fascinate me. I have been a lifelong student of both human nature and the law, and have created this blog to help others following my path.


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